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Ten years ago, the faculties of law of the University of Tartu and the University of Konstanz initiated a project of joint doctoral seminars. The first seminar took place in Tartu on 7–14 June 2010. Since then, joint seminars on private law have been held annually, alternately in Tartu/Tallinn and Konstanz. Professors and doctoral students from both universities, along with some master’s students, have given more than 200 presentations at these joint seminars. Articles have already been published on the basis of several presentations made in the seminar series. Of the doctoral students participating in the seminars, 13 have successfully defended their doctoral dissertations.

Artikli eesmargiks on selgitada, millises ulatuses mojutab keeleandmetele kohalduv oiguslik režiim keelemudelite arendamist ja kasutamist. Autorid lahtuvad oma kasitluses protsessiskeemist, alustades algandmetest ning lopetades keeletehnoloogiat sisaldavate valmistoodetega (nt koneliidesega kulmik). Keeletehnoloogias kasutatavad algandmed sisaldavad tihti autorioiguslikult kaitstavaid teoseid, autorioigusega kaasnevate oiguste objekte (esitus, salvestus) ja isikuandmeid (isiku haal, isiku kohta kaiv muu info), mida sailitatakse annoteerimata ja annoteeritud andmekogudes. Keelandmete oiguslikke kusimusi on juba varem uuritud. Oiguslikult on labi uurimata aga keelemudelite oiguslikud aspektid. Autorid on seisukohal, et reeglina ei mojuta keelemudelite edasist oiguslikku staatust kasutatud algandmete oiguslik režiim, sest autorioigusega kaitstavad teosed mudelis pigem ei saili. Kull aga voib oiguslikke probleeme tekitada isiku haale kasutamine keelemudelis. Autorid analuusivad voimalikke lahendusvariante nende probleemide uletamiseks. Artiklis vaadeldakse ka uue autorioiguse direktiiviga kehtestatavat andmekaeve regulatsiooni ja selle rakendamist keelemudelite loomise kontekstis. *** Influence of legal regime of language data on language models This article aims to explain the extent to which the legal regime applicable to language data affects the development and use of language models. In their approach, the authors follow a process chart, starting from raw data to finished products containing language technology (eg a refrigerator with a speech interface). The raw data used in language technologies often include copyrighted works, objects of related rights (performances, sound recordings) and personal data (voice, other information about the person) stored in non-annotated and annotated databases. The legal issues of language data have already been studied. However, the legal aspects of language models have not been throughly explored. The authors are of the opinion that, as a rule, the legal status of the language models is not affect by the legal status of the used raw language data, since copyrighted works usually do not remain in the model. However, the use of a person’s voice in a language model can create legal problems. The authors analyze possible solutions to overcome these problems. The article also outlines the regulation of data mining introduced by the new copyright directive and its implementation in the context of development of language models.

Dear reader, In 2022, we are celebrating several important anniversaries related to the adoption of laws important for the building of the Estonian legal order. Against the backdrop of a major forum for the Estonian legal profession – Estonian Lawyers’ Days 100 – this year’s edition is dedicated to another important anniversary: the 70th birthday of the University of Tartu’s Professor Emeritus Paul Varul. It is difficult to overestimate Prof. Varul’s contribution to the rebuilding of the Estonian legal system after regaining of independence. In this connection, I would like to draw special attention to his belief in young lawyers. Thanks to his support, many of the students from those days now hold positions that play an essential role in the legal profession. It is precisely this belief in young people alongside respect for more seasoned peers that Prof. Varul’s colleagues and students alike have inherited from him. In addition, there are many important qualities to be learnt from his example, such as the importance of infinite kindness and patience, the fundaments of academic ability, and the value of charm and personality. While he was the main architect of Estonia’s civil-law system in general, Prof. Varul’s favourite area of attention over the years has always been bankruptcy law, which he has been intimately involved in reforming. His willingness to speak up and actively contribute to the legislative process is testimony to the jubilarian’s thoughtfulness and continuing high level of professionalism. In this edition of the journal, readers will find an article by Chirstoph G. Paulus, a long-time colleague of Prof. Varul, which is dedicated to bankruptcy law. It provides a historical overview of the relationship between debtors and creditors and analyzes the contracting process as eternal struggle for supremacy. Silvia Kaugia and Raul Narits devote their article to finding an answer to the question of how to create a law that corresponds to the idea of law. In this issue, the reader can also find a paper written by Katre Luhamaa and Merike Ristikivi about the role of the judiciary in the transitional debates, judicial reform, and changes in the professional requirements set for judges in Estonia. Modern problems of the independence of the judiciary are reflected upon specifically in an article contributed by Jesús Manuel Villegas Fernández and Victoria Rodríguez-Blanco, and Anneli Albi’s article examines another angle of the ongoing evolution: the changing role of courts in Europe – which is shifting from protecting the fundamental rights of individuals toward protection of the neoliberal economic order. Alongside these pieces are three articles dedicated to matters of criminal law. Mari‑Liis Tohvelmann and Kristjan Kask have focused their contribution on interviews with children as evidence in criminal proceedings; Carri Ginter and Anneli Soo offer the reader a meaningful analysis of the arguments for and against the criminalisation of hate speech; and, finally, Mario Truu discusses the principle of foreseeability of liability and punishment in the practice of the ECHR. The volume meshes well with Prof. Varul’s ethos in one other respect too: doctoral students have had a say in the publication, representing younger voices. One can find a discussion centred on the need to use artificial intelligence in the context of deciding on the patent­ability of an invention, provided by Liva Rudzite, and the concept of the duty of diligence in procurement law from the standpoint of CJEU practice is tackled by Kadri Härginen. Finally, the fine tradition of publishing opinions by official opponents in public defence of doctoral dissertations has been maintained, with the opinion written by Marta Otto on the dissertation of Seili Suder. Congratulations to Professor Emeritus Paul Varul and to all who have had the opportunity to know him. We are all richer for your work.

The article focuses on determining responsible parties and the division of potential liability aris-ing from sharing language data (LD) containing personal data (PD). A key issue here is to identify who has to make sure and guarantee the GDPR compliance. The authors aim to answer 1) whether an individual researcher is a controller and 2) whether sharing LD results in joint controllership or separate controllership (whether the data's transferee becomes the controller, the joint control-ler or the processor). The article also analyses the legal relations of parties involved in data sharing and potential liability. The finalsection outlines data sharing in the CLARIN context. The analy-sis serves as a preliminary analytical background for redesigning the CLARIN contractual frame-work for sharing data.

The authors address the legal issues relating to the creation and use of language models. The article begins with an explanation of the development of language technologies. The authors analyse the technological process within the framework copyright, related rights and personal data protection law. The authors also cover commercial use of language models. The authors’ main argument is that legal restrictions applicable to language data containing copyrighted material and personal data usually do not apply to language models. Language models are generally not considered derivative works. Due to a wide range of language models, this position is not absolute.

7th International Conference of the Faculty-of-Law-of-the-University-of-Latvia on Legal Science - Functions,Significance and Future in Legal Systems, Riga, LATVIA, OCT 16-18, 2019 The purpose of this article is to explain the extent to which the legal regime applicable to language data affects the development and use of language technology (LT). The main focus of the paper is on EU law. The article also maps possible text and data mining (TDM) issues. The authors focus on TDM for research purposes outlined in the Digital Copyright Directive 2019/790.The authors follow a process approach of LT development, which starts from raw data collection and leads to LT products such as a refrigerator with a speech interface. Particular attention is given to language models.The raw data used in LT often include copyright-protected works, objects of related rights (e.g., performances) and personal data in the form of person’s voice or other information stored in non-annotated and annotated databases.The authors’ main argument is that the legal regime of language data does not usually affect the use of language models since copyrighted works are not likely to remain in models. In the process of developing a language technology application, language models are the first intermediate result that can be free from legal restrictions affecting language data. The use of a person’s voice as identifiable personal data in a language model can create legal challenges. In some cases, developers of language technology must be careful how to address issues of processing of personal data contained in models.

In the field of compensation of non-pecuniary damage, one of the most widely discussed issues is whether and based on which prerequisites those close to a person killed or injured ought to be able to claim compensation for non-pecuniary damage. This article attempts to find answers to these questions by comparing Estonian, German and English law as well as relevant European model laws. The article thoroughly examines Estonian case-law and investigates whether Estonian courts have reasonably substantiated the precondition for a claim for compensation of non-pecuniary damage of a close person under Estonian law, i.e. the occurrence of exceptional circumstances. The article shows the actual possibilities of a person close to the deceased or to an aggrieved person to obtain compensation for non-pecuniary damage under Estonian law.

Le but de cette contribution est d’aborder le role transformatif du droit compare dans le developpement de petits Etats dotes d’une tradition juridique recente, forces d’avoir recours a des idees, concepts et regles empruntes d’autres systemes pour creer leur propre culture et realite juridique. L’Estonie, etant un petit pays, n’a ni l’expertise juridique ni la pratique judiciaire necessaires dans plusieurs domaines particuliers. Des lors, le droit compare dans ses deux fonctions – la recherche concernant les regles ou leur contexte d’application – s’avere particulierement utile. Le texte explique d’abord comment le droit compare a ete utilise pour l’encadrement du systeme civiliste et des lois particulieres de l’Estonie. Lors du processus de codification, la methode comparative a permis d’offrir aux codificateurs des options strategiques provenant d’un grand nombre de systemes juridiques, codes et dispositions legislatives. La notion de « legal transplant » est utilisee et expliquee, mais dans les petits Etats, utiliser des « transplants » peut s’averer la seule voie possible pour construire un systeme juridique national. Le texte analyse egalement l’emploi de la methode comparative comme base legale de developpement du droit civil. Enfin, il s’attarde a l’utilisation du droit compare dans la pratique judiciaire pour demontrer les limites de la methode comparative. Des modeles issus de pays dits « principaux » (ou « core countries ») peuvent se reveler incompatibles, en raison de differences dans la capacite d’absorber avec succes les « legal transplants » ou d’un niveau de developpement insuffisant de la societe dans son ensemble pour contribuer a la reception des « transplants ».

Estonia as a state had a chance to develop its legal system for the first time only in the twentieth century. The civil law reform starting from 1991 was politically influenced by the resolution of Estonian Parliament from 1992, which stated that new laws should follow the laws and codes which were in force before 1940. In practice, this meant that legal acts from the first period of independence were to be studied and, if possible, followed. That decision was one of the main dominants in the choosing of the system and method of the codification and models for establishing Estonia’s own civil law system. Estonian Civil Code consists of five separate laws which have been enacted at different times as separate laws but functioning as one codification. These five laws are the General Part of Civil Code Act, the Property Law Act, the Law of Obligations Act, the Law of Succession Act and the Family Law Act. As Estonian private law is based on the unitary concept of regulation of legal relations in the civil law field, there are no commercial or consumer codes. Estonian Constitution contains a detailed catalogue of fundamental rights and freedoms and is characterised as being more liberalistic and individual by nature in comparison to many other Western constitutions. Future of the codification of private law regimes in Europe may be put into the context of following problems: the need for a national private law codifications and choice between monistic and dualistic systems in implementation of EU consumer law. In conclusion Estonian private law system which was basically initiated with a blank slate, with no predetermined authorities, meant a unique opportunity to realise number of harmonisation ideas that are under the discussion today in Europe.

The article addresses the core question of striking balance between landlords’ and tenants’ interests in connection with the creation of security in tenancy relations. Secure tenancy relations are analysed in consideration of the need for stability. The piece elaborates on one aspect of secure tenancy, asking on what conditions the landlord has the right to terminate a tenancy contract for reasons other than factors stemming from the tenant’s sphere of risk, in the case of lease contracts concluded for both an unspecified and a specified term. This core question is addressed for the purpose of finding a position for Estonian regulation on a relative scale in comparison with Latvian, Lithuanian, German, Swiss, Finnish, and Swedish law. The authors provide an overview of legal regulation of tenancy relations in the countries compared, consider the most important policy questions involved, and develop a relative scale suitable for the various regulatory regimes compared in the article.

In Estonia, there is no special regulation of civil liability concerning the deliberate release of GMOs into the environment and their admixture with ordinary crops. Neither is such kind of special regulation being drafted at the moment. The same applies to different kinds of assurances (obligatory liability insurance, guarantees, compensation funds).